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EN BANC
SATURNINO C. OCAMPO, TRINIDAD
H. REPUNO, BIENVENIDO LUMBERA,
BONIFACIO P. ILAGAN, NERI JAVIER
COLMENARES, MARIA CAROLINA P.
ARAULLO, M.D., SAMAHAN NG EXDETAINEES LABAN SA DETENSYON
AT ARESTO (SELDA), represented by
DIONITO CABILLAS, CARMENCITA
M. FLORENTINO, RODOLFO DEL
ROSARIO, FELIX C. DALISAY, and
.
*
DANILO M. DELA FUENTE,
Petitioners,
- versus -
c.
REAR
ADMIRAL
ERNESTO
ENRIQUEZ (in his capacity as the Deputy
Chief of Staff for Reservist and Retiree
Affairs, Armed Forces of the Philippines),
The Grave Services Unit (Philippine
Army), and GENERAL RICARDO R.
VISAYA (in his capacity as the Chief of
Staff, Armed Forces of the Philippines),
DEFENSE
SECRETARY
DELFIN
LORENZANA,
and
HEIRS
OF
FERDINAND E. MARCOS, represented
by his surviving spouse Imelda Romualdez
Marcos,
Respondents.
x --------------------------------------------------- x
r/
-----
Decision
- versus -
0,
Decision
- versus -
c:/(
Decision
PHILIPPINE
VETERANS AFFAIRS
OFFICE (PVAO) of the DND,
Respondents.
x --------------------------------------------------- x
- versus -
ALGAMAR A. LATIPH,
Petitioner,
- versus -
On official leave.
c7I
Decision
BRION,
PERALTA,
BERSAMIN,
DEL CASTILLO,
PEREZ,
MENDOZA,
REYES,
PERLAS-BERNABE,
LEONEN,
JARDELEZA, and
CAGUIOA, JJ
Promulgated:
November 8, 2016
~~~~-~
x-----------------------------------------------------------------------------------------x
DECISION
PERALTA, J.:
In law, as much as in life, there is need to find closure. Issues that
have lingered and festered for so long and which unnecessarily divide
the people and slow the path to the future have to be interred. To move
on is not to forget the past. It is to focus on the present and the future,
leaving behind what is better left for history to ultimately decide. The
Court finds guidance from the Constitution and the applicable laws, and
in the absence of clear prohibition against the exercise of discretion
entrusted to the political branches of the Government, the Court must
not overextend its readings of what may only be seen as providing
tenuous connection to the issue before it.
Facts
During the campaign period for the 2016 Presidential Election, then
candidate Rodrigo R. Duterte (Duterte) publicly announced that he would
allow the burial of former President Ferdinand E. Marcos (Marcos) at the
Libingan Ng Mga Bayani (LNMB). He won the May 9, 2016 election,
garnering 16,601,997 votes. At noon of June 30, 2016, he formally assumed
his office at the Rizal Hall in the Malacafian Palace.
t7f
Decision
TO:
See Annex "A" of Petition for Prohibition of Lagman, et al., G.R. No. 225984.
rJ
Decision
cf
Decision
Procedural
Whether President Duterte's determination to have the remains of
Marcos interred at the LNMB poses a justiciable controversy.
1.
2.
3.
Whether petitioners violated the doctrines
administrative remedies and hierarchy of courts.
12
of exhaustion of
Decision
Substantive
1.
Whether the respondents Secretary of National Defense and AFP Rear
Admiral committed grave abuse of discretion, amounting to lack or excess
of jurisdiction, when they issued the assailed memorandum and directive in
compliance with the verbal order of President Duterte to implement his
election campaign promise to have the remains of Marcos interred at the
LNMB.
Whether the issuance and implementation of the assailed
2.
memorandum and directive violate the Constitution, domestic and
international laws, particularly:
(a) Sections 2, 11, 13, 23, 26, 2 7 and 28 of Article II, Section 1 of Article III,
Section 17 of Article VII, Section 1 of Article XI, Section 3(2) of Article
XIV, and Section 26 of Article XVIII of the 1987 Constitution;
(b) R.A. No. 289;
(c) R.A. No. 10368;
(d) AFP Regulation G 161-3 75 dated September 11, 2000;
(e) The International Covenant on Civil and Political Rights;
(f) The "Basic Principles and Guidelines on the Right to a Remedy and
Reparation for Victims of Gross Violations of International Human Rights
Law and Serious Violations of International Humanitarian Law" of the
United Nations (UN.) General Assembly; and
(g) The "Updated Set of Principles for Protection and Promotion of Human
Rights through Action to Combat Impunity" of the U.N. Economic and
Social Council;
3.
Whether historical facts, laws enacted to recover ill-gotten wealth
from the Marcoses and their cronies, and the pronouncements of the Court
on the Marcos regime have nullified his entitlement as a soldier and former
President to interment at the LNMB.
4.
Whether the Marcos family is deemed to have waived the burial of the
remains of former President Marcos at the LNMB after they entered into an
agreement with the Government of the Republic of the Philippines as to the
conditions and procedures by which his remains shall be brought back to and
/
interred in the Philippines.
Decision
10
Opinion
Procedural Grounds
Justiciable controversy
It is well settled that no question involving the constitutionality or
validity of a law or governmental act may be heard and decided by the Court
unless the following requisites for judicial inquiry are present: (a) there must
be an actual case or controversy calling for the exercise of judicial power;
( b) the person challenging the act must have the standing to question the
validity of the subject act or issuance; (c) the question of constitutionality
must be raised at the earliest opportunity; and (d) the issue of
constitutionality must be the very lis mota of the case. 19 In this case, the
absence of the first two requisites, which are the most essential, renders the
discussion of the last two superfluous. 20
An "actual case or controversy" is one which involves a conflict of
legal rights, an assertion of opposite legal claims, susceptible of judicial
resolution as distinguished from a hypothetical or abstract difference or
dispute. 21 There must be a contrariety of legal rights that can be interpreted
22
and enforced on the basis of existing law and jurisprudence. Related to the
requisite of an actual case or controversy is the requisite of "ripeness," which
means that something had then been accomplished or performed by either
branch before a court may come into the picture, and the petitioner must
allege the existence of an immediate or threatened injury to itself as a result
23
of the challenged action. " Moreover, the limitation on the power of judicial
review to actual cases and controversies carries the assurance that the courts
24
will not intrude into areas committed to the other branches of government.
Those areas pertain to questions which, under the Constitution, are to be
decided by the people in their sovereign capacity, or in regard to which full
discretionary authority has been delegated to the legislative or executive
19
20
Belgica, et al. v. Hon. Exec. Sec. Ochoa, Jr., 721 Phil. 416, 518-519 (2013).
Southern Hemisphere Engagement Network, Inc. v. Anti-Terrorism Council, 646 Phil. 452, 471
(2010).
21
Belgica, et al. v. Hon. Exec. Sec. Ochoa, Jr., supra note 19, at 519, citing Province of North
Cotabato, et al. v. Government of the Republic of the Philippines Peace Panel on Ancestral Domain (GRP),
et al., 589 Phil. 387, 481 (2008).
22
Province of North Cotabato v. Government of the Republic of the Philippines Peace Panel on
Ancestral Domain (GRP), et al., supra.
23
Belgica, et al. v. Hon. Exec. Sec. Ochoa, Jr., supra note 19, at 519-520.
24
Province of North Cotabato v. Government of the Republic of the Philippines Peace Panel
A nc''h'a/ Dama;n (G RP), " al 'upra note 21.
t/"01'
Decision
11
Locus standi
Defined as a right of appearance in a court of justice on a given
question, 27 locus standi requires that a party alleges such personal stake in
the outcome of the controversy as to assure that concrete adverseness which
sharpens the presentation of issues upon which the court depends for
illumination of difficult constitutional questions. 28 Unless a person has
sustained or is in imminent danger of sustaining an injury as a result of an
act complained of, such proper party has no standing. 29 Petitioners, who filed
their respective petitions for certiorari, prohibition and mandamus, in their
capacities as citizens, human rights violations victims, legislators, members
of the Bar and taxpayers, have no legal standing to file such petitions
because they failed to show that they have suffered or will suffer direct and
personal injury as a result of the interment of Marcos at the LNMB.
25
Tanada v. Cuenca, 100 Phil. 1101 (1957); Belgica, et al. v. Hon. Exec. Sec. Ochoa, Jr., supra note
19, at 526.
26
Id.; id.
27
Black's Law Dictionary, 941 (1991 6111 ed.).
28
Belgica, et al. v. Hon. Exec. Sec. Ochoa, Jr., supra note 19, at 527.
29
Id. at 527, citing La Bugal-B 'Laan, Inc. v. Sec. Ramos, 465 Phil. 860, 890 (2004).
Decision
12
Taxpayers have been allowed to sue where there is a claim that public
funds are illegally disbursed or that public money is being deflected to any
improper purpose, or that public funds are wasted through the enforcement
of an invalid or unconstitutional law. 30 In this case, what is essentially being
assailed is the wisdom behind the decision of the President to proceed with
the interment of Marcos at the LNMB. As taxpayers, petitioners merely
claim illegal disbursement of public funds, without showing that Marcos is
disqualified to be interred at the LNMB by either express or implied
provision of the Constitution, the laws or jurisprudence.
Petitioners Saguisag, et al., 31 as members of the Bar, are required to
allege any direct or potential injury which the Integrated Bar of the
Philippines, as an institution, or its members may suffer as a consequence of
the act complained of. 32 Suffice it to state that the averments in their
petition-in-intervention failed to disclose such injury, and that their interest
in this case is too general and shared by other groups, such that their duty to
uphold the rule of law, without more, is inadequate to clothe them with
requisite legal standing. 33
As concerned citizens, petitioners are also required to substantiate that
the issues raised are of transcendental importance, of overreaching
34
significance to society, or of paramount public interest. In cases involving
such issues, the imminence and clarity of the threat to fundamental
constitutional rights outweigh the necessity for prudence. 35 In Marcos v.
Manglapus, 36 the majority opinion observed that the subject controversy was
of grave national importance, and that the Court's decision would have a
profound effect on the political, economic, and other aspects of national life.
The ponencia explained that the case was in a class by itself, unique and
could not create precedent because it involved a dictator forced out of office
and into exile after causing twenty years of political, economic and social
havoc in the country and who, within the short space of three years (from
1986), sought to return to the Philippines to die.
At this point in time, the interment of Marcos at a cemetery originally
established as a national military cemetery and declared a national shrine
would have no profound effect on the political, economic, and other aspects
30
Belgica, et al. v. Hon. Exec. Sec. Ochoa, Jr., supra note 19, at 528.
Rene A.V. Saguisag, Sr. and Rene A.Q. Saguisag, Jr.
32
Prof David v. Pres. Macapagal-Arroyo, 522 Phil. 705, 762 (2006).
33
Integrated Bar of the Philippines v. Zamora, 392 Phil. 618 (2000).
34
Kilosbayan v. Guingona, G.R. No. 113375, May 5, 1994, 232 SCRA 110.
35
The Diocese of Bacolod v. Commission on Elections, G .R. No. 205728, January 21, 2015[/74
7
SCRA 1, 46.
36
258 Phil 479 (1989).
31
Decision
13
of our national life considering that more than twenty-seven (27) years since
his death and thirty (30) years after his ouster have already passed.
Significantly, petitioners failed to demonstrate a clear and imminent threat to
their fundamental constitutional rights.
As human rights violations victims during the Martial Law regime,
some of petitioners decry re-traumatization, historical revisionism, and
disregard of their state recognition as heroes. Petitioners' argument is
founded on the wrong premise that the LNMB is the National Pantheon
intended by law to perpetuate the memory of all Presidents, national heroes
and patriots. The history of the LNMB, as will be discussed further, reveals
its nature and purpose as a national military cemetery and national shrine,
under the administration of the APP.
Apart from being concerned citizens and taxpayers, petit10ners
37
Senator De Lima, and Congressman Lagman, et al. come before the Court
as legislators suing to defend the Constitution and to protect appropriated
public funds from being used unlawfully. In the absence of a clear showing
of any direct injury to their person or the institution to which they belong,
their standing as members of the Congress cannot be upheld. 38 They do not
specifically claim that the official actions complained of, i.e., the
memorandum of the Secretary of National Defense and the directive of the
APP Chief of Staff regarding the interment of Marcos at the LNMB,
. prerogatives
.
. 1ators. 39
encroach on th eir
as 1eg1s
Exhaustion ofAdministrative Remedies
Petitioners violated the doctrines of exhaustion of administrative
remedies and hierarchy of courts. Under the doctrine of exhaustion of
administrative remedies, before a party is allowed to seek the intervention of
the court, one should have availed first of all the means of administrative
processes available. 40 If resort to a remedy within the administrative
machinery can still be made by giving the administrative officer concerned
every opportunity to decide on a matter that comes within his jurisdiction,
then such remedy should be exhausted first before the court's judicial power
can be sought. 41 For reasons of comity and convenience, courts of justice
shy away from a dispute until the system of administrative redress has been
37
REP. TEDDY BRAWNER BAGUILAT JR., REP. TOMASITO S. VILLARIN, REP. EDGAR R.
ERICE and REP. EMMANUEL A. BILLONES.
38
BAYAN (Bagong Alyansang Makabayan) v. Exec. Sec. Zamora, 396 Phil. 623, 648 ( 2 0 0 0 ) . t /
39
Biraogo v. The Philippine Truth Commission, 651 Phil. 374, 439 (2010).
40
Maglalang v. Philippine Amusement and Gaming Corp., 723 Phil. 546, 556(2013).
41
Id.
Decision
14
Hierarchy of Courts
In the same vein, while direct resort to the Court through petitions for
the extraordinary writs of certiorari, prohibition and mandamus are allowed
under exceptional cases, 45 which are lacking in this case, petitioners cannot
simply brush aside the doctrine of hierarchy of courts that requires such
42
Id. at 557.
Nonetheless, the doctrine of exhaustion of administrative remedies and the corollary doctrine of
primary jurisdiction, which are based on sound public policy and practical considerations, are not inflexible
rules. There are many accepted exceptions, such as: (a) where there is estoppel on the part of the party
invoking the doctrine; (b) where the challenged administrative act is patently illegal, amounting to Jack of
jurisdiction; (c) where there is unreasonable delay or official inaction that will irretrievably prejudice the
complainant; (d) where the amount involved is relatively small so as to make the rule impractical and
oppressive; (e) where the question involved is purely legal and will ultimately have to be decided by the
courts of justice; (t) where judicial intervention is urgent; (g) when its application may cause great and
irreparable damage; (h) where the controverted acts violate due process; (i) when the issue of nonexhaustion of administrative remedies has been rendered moot; U) when there is no other plain, speedy and
adequate remedy; (k) when strong public interest is involved; and, (I) in quo warranto proceedings. (See
Republic v. Lacap, 546 Phil. 87, 97-98 [2007]).
44
Book IV, Chapter 1, Section 1 of the Administrative Code.
45
Direct resort to the Court is allowed as follows (I) when there are genuine issues of
constitutionality that must be addressed at the most immediate time; (2) when the issues involved are of
transcendental importance; (3) when cases of first impression are involved; and (4) when constitutional
issues raised are better decided by the Court; (5) when the time element presented in the case cannot be
ignored; (6) when the filed petition reviews the act of a constitutional organ; (7) when petitioners rightly
claim that they had no other plain, speedy and adequate remedy in the ordinary course of law that could
free them from the injurious effects ofrespondents' acts in violation of their right to freedom of expression;
and (8) when the petition includes questions that are "dictated by public welfare and the advancement of
public poli~~' or demanded by the broad~r interest of justice, ~r the ord~rs complained of were found~o
be
patent nulht1es, or the appeal was considered as clearly an mappropnate remedy." (See The Diocese of
Bacolod v. Commission on Elections, supra note 35, at 45-49.
43
Decision
15
petitions to be filed first with the proper Regional Trial Court (RTC). The
RTC is not just a trier of facts, but can also resolve questions of law in the
exercise of its original and concurrent jurisdiction over petitions for
certiorari, prohibition and mandamus, and has the power to issue restraining
order and injunction when proven necessary.
In fine, the petitions at bar should be dismissed on procedural grounds
alone. Even if We decide the case based on the merits, the petitions should
still be denied.
Substantive Grounds
Petitioners argue that the burial of Marcos at the LNMB should not be
allowed because it has the effect of not just rewriting history as to the
Filipino people's act of revolting against an authoritarian ruler but also
condoning the abuses committed during the Martial Law, thereby violating
the letter and spirit of the 1987 Constitution, which is a "post-dictatorship
charter" and a "human rights constitution." For them, the ratification of the
Constitution serves as a clear condemnation of Marcos' alleged "heroism."
r-r
. case, petlt10ners
..
.
k e sect10ns
. 2 ,47 11 ,48 13 ,49 23 ,50 26 ,51
1 o support t h eir
mvo
46
Almario, et al. v. Executive Secretary, et al., 714 Phil. 127, 169 (2013).
SECTION 2. The Philippines renounces war as an instrument of national policy, adopts the
generally accepted principles of international law as part of the law of the land and adheres to the policy of
peace, equality, justice, freedom, cooperation, and amity with all nations.
48
SECTION 11. The State values the dignity of every human person and guarantees full respect for
human rights.
49
SECTION 13. The State recognizes the vital role of the youth in nation-building and shall promote
and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth
patriotism and nationalism, and encourage their involvement in public and civic affairs.
50
SECTION 23. The State shall encourage non-governmental, community-based, or sectoral
organizations that promote the welfare of the nation.
51
SECTION 26. The State shall guarantee equal access to opportunities for public service, and
prohibit political dynasties as may be defined by law.
47
;I
Decision
16
27 52 and 28 53 of Article II, Sec. 17 of Art. VII, 54 Sec. 3(2) of Art. XIV, 55 Sec.
1 of Art. XI, 56 and Sec. 26 of Art. XVIII 57 of the Constitution.
There is no merit to the contention.
As the Office of the Solicitor General ( OSG) logically reasoned out,
while the Constitution is a product of our collective history as a people, its
entirety should not be interpreted as providing guiding principles to just
about anything remotely related to the Martial Law period such as the
proposed Marcos burial at the LNMB.
Tanada v. Angara58 already ruled that the provisions in Article II of
the Constitution are not self-executing. Thus:
By its very title, Article II of the Constitution is a "declaration of
principles and state policies." The counterpart of this article in the 1935
Constitution is called the "basic political creed of the nation" by Dean
Vicente Sinco. These principles in Article II are not intended to be selfexecuting principles ready for enforcement through the courts. They are
used by the judiciary as aids or as guides in the exercise of its power of
judicial review, and by the legislature in its enactment of laws. As held in
the leading case of Kilosbayan, Incorporated vs. Morato, the principles and
state policies enumerated in Article II x x x are not "self-executing
provisions, the disregard of which can give rise to a cause of action in the
52
SECTION 27. The State shall maintain honesty and integrity in the public service and take
positive and effective measures against graft and corruption.
53
SECTION 28. Subject to reasonable conditions prescribed by law, the State adopts and
implements a policy of full public disclosure of all its transactions involving public interest.
54
SECTION 17. The President shall have control of all the executive departments, bureaus, and
offices. He shall ensure that the laws be faithfully executed.
55
SECTION 3. xx x
(2) They shall inculcate patriotism and nationalism, foster love of humanity, respect for human
rights, appreciation of the role of national heroes in the historical development of the country, teach the
rights and duties of citizenship, strengthen ethical and spiritual values, develop moral character an<l
personal discipline, encourage critical and creative thinking, broaden scientific and technological
knowledge, and promote vocational efficiency.
56
SECTION 1. Public office is a public trust. Public officers and employees must at all times be
accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with
patriotism and justice, and lead modest lives.
57
SECTION 26. The authority to issue sequestration or freeze orders under Proclamation No. 3
dated March 25, 1986 in relation to the recovery of ill-gotten wealth shall remain operative for not more
than eighteen months after the ratification of this Constitution. However, in the national interest, as certified
by the President, the Congress may extend said period.
A sequestration or freeze order shall be issued only upon showing of a prima facie case. The order
and the list of the sequestered or frozen properties shall forthwith be registered with the proper court. For
orders issued before the ratification of this Constitution, the corresponding judicial action or proceeding
shall be filed within six months from its ratification. For those issued after such ratification, the judicial
action or proceeding shall be commenced within six months from the issuance thereof.
The sequestration or freeze order is deemed automatically lifted if no judicial action or proceeying
.
is commenced as herein provided.
58
338 Phil. 546 (1997).
17
Decision
In the same vein, Sec. 1 of Art. XI of the Constitution is not a selfexecuting provision considering that a law should be passed by the Congress
to clearly define and effectuate the principle embodied therein. As a matter
of fact, pursuant thereto, Congress enacted R.A. No. 6713 ("Code of
Conduct and Ethical Standards for Public Officials and Employees''), R.A.
No. 6770 ("The Ombudsman Act of 1989''), R.A. No. 7080 (An Act Defining
and Penalizing the Crime of Plunder), and Republic Act No. 9485 (''AntiRed Tape Act of 2007''). To complement these statutes, the Executive
Branch has issued various orders, memoranda, and instructions relative to
the norms of behavior/code of conduct/ethical standards of officials and
employees; workflow charts/public transactions; rules and policies on gifts
and benefits; whistle blowing and reporting; and client feedback program.
Petitioners' reliance on Sec. 3(2) of Art. XIV and Sec. 26 of Art.
XVIII of the Constitution is also misplaced. Sec. 3(2) of Art. XIV refers to
the constitutional duty of educational institutions in teaching the values of
patriotism and nationalism and respect for human rights, while Sec. 26 of
Art. XVIII is a transitory provision on sequestration or freeze orders in
relation to the recovery of Marcos' ill-gotten wealth. Clearly, with respect to
these provisions, there is no direct or indirect prohibition to Marcos'
interment at the LNMB.
The second sentence of Sec. 17 of Art. VII pertaining to the duty of
the President to "ensure that the laws be faithfully executed, " which is
identical to Sec. 1, Title I, Book III of the Administrative Code of 1987, 60 is
likewise not violated by public respondents. Being the Chief Executive, the
59
Tanada v. Angara, supra, at 580-581. (Citations omitted). The case was cited in Tonda Medical
Center Employees Ass'n v. Court of Appeals, 554 Phil. 609, 625-626 (2007); Bases Conversion and
Development Authority v. COA, 599 Phil. 455, 465 (2009); and Representatives Espina, et al. v. Hon.
Zamora, Jr. (Executive Secretary), et al., 645 Phil. 269, 278-279 (2010). See also Manila Prince Hotel v.
GSIS, 335 Phil. 82, 101-102 (1997).
60
Executive Order No. 292, s. 1987, Signed on July 25, 1987.
cf
Decision
18
President represents the government as a whole and sees to it that all laws
are enforced by the officials and employees of his or her department. 61
Under the Faithful Execution Clause, the President has the power to take
"necessary and proper steps" to carry into execution the law. 62 The mandate
is self-executory by virtue of its being inherently executive in nature and is
intimately related to the other executive functions. 63 It is best construed as an
imposed obligation, not a separate grant of power. 64 The provision simply
underscores the rule of law and, corollarily, the cardinal principle that the
President is not above the laws but is obliged to obey and execute them. 65
Consistent with President Duterte's mandate under Sec. 17, Art. VII of
the Constitution, the burial of Marcos at the LNMB does not contravene
R.A. No. 289, R.A. No. 10368, and the international human rights laws cited
by petitioners.
A. On R.A. No. 289 66
For the perpetuation of their memory and for the inspiration and
emulation of this generation and of generations still unborn, R.A. No. 289
authorized the construction of a National Pantheon as the burial place of the
mortal remains of all the Presidents of the Philippines, national heroes and
patriots. 67 It also provided for the creation of a Board on National Pantheon
to implement the law. 68
61
Biraogo v. The Phil. Truth Commission of2010, 651 Phil. 374, 451 (2010).
Philippine Constitution Association v. Enriquez, G.R. No. 113105, 113174, 113766, and 113888,
August 19, 1994, 235 SCRA 506, 552.
63
Rene A. V Saguisag, et al. v. Executive Secretary Paquito N. Ochoa, Jr., et al., G.R. No. 212426 &
212444, January 12, 2016.
64
Almario, et al. v. Executive Secretary, et al., supra note 46, at 164, as cited in Rene A. V Saguisag,
et al. v. Executive Secretary Paquito N. Ochoa, Jr., supra note 63.
65
Almario, et al. v. Executive Secretary, et al., supra note 46, at 164.
66
Entitled "An Act Providing for the Construction of a National Pantheon for Presidents of the
Philippines, National Heroes and Patriots of the Country," approved on June 16, 1948.
67
Section 1.
68
Sec. 2. There is hereby created a Board on National Pantheon composed of the Secretary of the
Interior, the Secretary of Public Works and Communications and the Secretary of Education and two
private citizens to be appointed by the President of the Philippines with the consent of the Commission on
Appointments which shall have the following duties and functions:
(a) To determine the location of a suitable site for the construction of the said National Pantheon,
and to have such site acquired, surveyed and fenced for this purpose and to delimit and set aside a portion
thereof wherein shall be interred the remains of all Presidents of the Philippines and another portion
wherein the remains of heroes, patriots and other great men of the country shall likewise be interred;
(b) To order and supervise the construction thereon of uniform monuments, mausoleums, or tombs
as the Board may deem appropriate;
(c) To cause to be interred therein the mortal remains of all Presidents of the Philippines, the
national heroes and patriots;
(d) To order and supervise the construction of a suitable road leading to the said National Pantheon
from the nearest national or provincial road; and
(e) To pe<fonn 'ueh othoc funetion' ru; may be neee"a'J"O earry outthe puq>o'e' of th;, A e ' - /
62
Decision
19
69
Office of the President of the Philippines. (1953). Official Month in Review. Official Gazette of
the Republic of the Philippines, 49(5), lxv-lxxvi (http://www.gov.ph/1953/05/01/official-month-in-reviewmay-19 53/, h>..t """'"d on Ootoboc 28, 2016).
~
Decision
20
Even if the Court treats R.A. No. 289 as relevant to the issue, still,
petitioners' allegations must fail. To apply the standard that the LNMB is
reserved only for the "decent and the brave" or "hero" would be violative of
public policy as it will put into question the validity of the burial of each and
every mortal remains resting therein, and infringe upon the principle of
separation of powers since the allocation of plots at the LNMB is based on
the grant of authority to the President under existing laws and regulations.
Also, the Court shares the view of the OSG that the proposed interment is
not equivalent to the consecration of Marcos' mortal remains. The act in
itself does not confer upon him the status of a "hero." Despite its name,
which is actually a misnomer, the purpose of the LNMB, both from legal
and historical perspectives, has neither been to confer to the people buried
there the title of "hero" nor to require that only those interred therein should
be treated as a "hero." Lastly, petitioners' repeated reference to a "hero's
burial" and "state honors," without showing proof as to what kind of burial
or honors that will be accorded to the remains of Marcos, is speculative until
the specifics of the interment have been finalized by public respondents.
Approved on February 25, 2013, R.A. No. 10368 is the consolidation of House Bill (H.B.) No.
5990 and Senate Bill (S.B.) No. 3334. H.B. No. 5990, entitled "An Act Providing Compensation To Victims
Of Human Rights Violations During The Marcos Regime, Documentation Of Said Violations, Appropriating
Funds Therefor, And For Other Purposes," was co-sponsored by Lorenzo R. Tafiada III, Edee! C. Lagman,
Rene L. Relampagos, Joseph Emilio A. Abaya, Walden F. Bello, Kaka J. Bag-ao, Teodoro A. Casino, Neri
Javier Colmenares, Rafael V. Mariano, Luzviminda C. Ilagan, Antonio L. Tinio, Emerenciana A. De Jesus,
and Raymond V. Palatino. No member of the House signified an intention to ask any question during the
period of sponsorship and debate, and no committee or individual amendments were made during the
period of amendments (Congressional Record, Vol. 2, No. 44, March 14, 2012, p. 3). The bill was approved
on Second Reading (Congressional Record, Vol. 2, No. 44, March 14, 2012, p. 4). On Third Reading, the
bill was approved with 235 affirmative votes, no negative vote, and no abstention (Congressional Record,
Vol. 2, No. 47, March 21, 2012, p. 15). On the other hand, S.B. No. 3334, entitled "An Act Providing For
Reparation And Recognition Of The Survivors And Relatives Of The Victims Of Violations Of Human
Rights And Other Related Violations During The Regime Of Former President Ferdinand Marcos,
Documentation Of Said Violations, Appropriating Funds Therefor, And For Other Purposes," was coauthored by Sergio R. Osmena III, Teofisto D. Guingona III, Francis G. Escudero, and Franklin M. Drilon.
Senators Drilon and Panfilo M. Lacson withdrew their reservation to interpellate on the measure (Senate
Journal No. 41, December 10, 2012, p. 1171). The bill was approved on Second Reading with no objection
(Senate Journal No. 41, December 10, 2012, p. 1172). On Third Reading, the bill was approved with 18
senators voting in favor, none against, and no abstention (Senate Journal No. 44, December 17, 2012, p.
1281).
71
Human Rights Violations Victim (HRVV) refers to a person whose human rights were violated by
persons acting in an official capacity and/or agents of the State as defined herein. In order to qualify for
reparation under this Act, the human rights violation must have been committed during the period from
September 21, 1972 to Febrnary 25, 1986> Pmv;ded, however, That victim of human dghts violation/
Decision
21
regime. They insist that the intended act of public respondents damages and
makes mockery of the mandatory teaching of Martial Law atrocities and of
the lives and sacrifices of its victims. They contend that "reparation" under
R.A. No. 10368 is non-judicial in nature but a political action of the State
through the Legislative and Executive branches by providing administrative
relief for the compensation, recognition, and memorialization of human
rights victims.
We beg to disagree.
Certainly, R.A. No. 10368 recognizes the heroism and sacrifices of all
Filipinos who were victims of summary execution, torture, enforced or
involuntary disappearance, and other gross human rights violations
committed from September 21, 1972 to February 25, 1986. To restore their
honor and dignity, the State acknowledges its moral and legal obligation 72 to
provide reparation to said victims and/or their families for the deaths,
injuries, sufferings, deprivations and damages they experienced.
In restoring the rights and upholding the dignity of HRVV s, which is
part of the right to an effective remedy, R.A. No. 10368 entitles them to
monetary and non-monetary reparation. Any HRVV qualified under the
law73 shall receive a monetary reparation, which is tax-free and without
prejudice to the receipt of any other sum from any other person or entity in
any case involving human rights violations. 74 Anent the non-monetary
reparation, the Department of Health (DOH), the Department of Social
Welfare and Development (DSWD), the Department of Education (DepEd),
the Commission on Higher Education (CHED), the Technical Education and
Skills Development Authority (TESDA), and such other government
agencies are required to render the necessary services for the HRVV s and/or
were committed one (1) month before September 21, 1972 and one (1) month after February 25, 1986 shall
be entitled to reparation under this Act if they can establish that the violation was committed:
(I) By agents of the State and/or persons acting in an official capacity as defined hereunder;
(2) For the purpose of preserving, maintaining, supporting or promoting the said regime; or
(3) To conceal abuses during the Marcos regime and/or the effects of Martial Law. (Sec. 3[c] of
R.A. No. 10368).
72
Section 11 Article II and Section 12 Article III of the 1987 Constitution as well as Section 2 of
Article II of the 1987 Constitution in relation to the Universal Declaration of Human Rights, the
International Covenant on Civil and Political Rights (ICCPR), the Convention Against Torture (CAT) and
Other Cruel, Inhuman or Degrading Treatment or Punishment, and other international human rights laws
and conventions (See Sec. 2 ofR.A. No. 10368).
73
The claimants in the class suit and direct action plaintiffs in the Human Rights Litigation Against
the Estate of Ferdinand E. Marcos (MDL No. 840, CA No. 86-0390) in the US Federal District Court of
Honolulu, Hawaii wherein a favorable judgment has been rendered, and the HRVVs recognized by the
Bantayog Ng Mga Bayani Foundation shall be extended the conclusive presumption that they are HRVVs.
However, the Human Rights Victims' Claims Board is not deprived of its original jurisdiction and its
inherent power to determine the extent of the human rights violations and the corresponding reparation
/
and/or recognition that may be granted (See Sec. 17 of R.A. No. I 0368).
74
Sec. 4 ofR.A. No. 10368.
~,
Decision
22
tJ
Decision
23
did not. As it is, the law is silent and should remain to be so. This Court
cannot read into the law what is simply not there. It is irregular, if not
unconstitutional, for Us to presume the legislative will by supplying material
details into the law. That would be tantamount to judicial legislation.
Considering the foregoing, the enforcement of the HRVV s' rights
under R.A. No 10368 will surely not be impaired by the interment of Marcos
at the LNMB. As opined by the OSG, the assailed act has no causal
connection and legal relation to the law. The subject memorandum and
directive of public respondents do not and cannot interfere with the statutory
powers and functions of the Board and the Commission. More importantly,
the HRVVs' entitlements to the benefits provided for by R.A. No 10368 and
other domestic laws are not curtailed. It must be emphasized that R.A. No.
10368 does not amend or repeal, whether express or implied, the provisions
of the Administrative Code or AFP Regulations G 161-375:
It is a well-settled rule of statutory construction that repeals by
implication are not favored. In order to effect a repeal by implication, the
later statute must be so irreconcilably inconsistent and repugnant with the
existing law that they cannot be made to reconcile and stand together. The
clearest case possible must be made before the inference of implied repeal
may be drawn, for inconsistency is never presumed. There must be a
showing of repugnance clear and convincing in character. The language
used in the later statute must be such as to render it irreconcilable with
what had been formerly enacted. An inconsistency that falls short of that
standard does not suffice. x x x 84
Remman Enterprises, Inc., et al. v. Professional Regulatory Board of Real Estate Service, et al.,
726Phil.104, 118-119(2014).
85
Article 2
1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals
within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without
distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or
social origin, property, birth or other status.
2. Where not already provided for by existing legislative or other measures, each State Party to the
present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and
with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to
give effect to the rights recognized in the present Covenant.
3. Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall
hm an dfoctive cemedy, notwith,tonding that the viofation hM been oommitted by pmon' acting i n /
Decision
24
t:J'"
Decision
25
adopted by the U.N. General Assembly on December 16, 2005, and the
Updated Set of Principles for the Protection and Promotion of Human
Rights Through Action to Combat Impunity 87 dated February 8, 2005 by the
U.N. Economic and Social Council.
We do not think so. The ICCPR, 88 as well as the U.N. principles on
reparation and to combat impunity, call for the enactment of legislative
measures, establishment of national programmes, and provision for
administrative and judicial recourse, in accordance with the country's
constitutional processes, that are necessary to give effect to human rights
embodied in treaties, covenants and other international laws. The U.N.
principles on reparation expressly states:
Emphasizing that the Basic Principles and Guidelines contained
herein do not entail new international or domestic legal obligations but
identify mechanisms, modalities, procedures and methods for the
implementation of existing legal obligations under international human
rights law and international humanitarian law which are complementary
though different as to their norms[.][Emphasis supplied]
(j) Judicial and administrative sanctions against persons liable for the violations;
(g) Commemorations and tributes to the victims;
(h) Inclusion of an accurate account of the violations that occurred in international human rights
law and international humanitarian law training and in educational material at all levels.
23. Guarantees of non-repetition should include, where applicable, any or all of the following
measures, which will also contribute to prevention:
(a) Ensuring effective civilian control of military and security forces;
(b) Ensuring that all civilian and military proceedings abide by international standards of due
process, fairness and impartiality;
(c) Strengthening the independence of the judiciary;
(d) Protecting persons in the legal, medical and health-care professions, the media and other
related professions, and human rights defenders;
(e) Providing, on a priority and continued basis, human rights and international humanitarian law
education to all sectors of society and training for law enforcement officials as well as military and security
forces;
(j) Promoting the observance of codes of conduct and ethical norms, in particular international
standards, by public servants, including law enforcement, correctional, media, medical, psychological,
social service and military personnel, as well as by economic enterprises;
(g) Promoting mechanisms for preventing and monitoring social conflicts and their resolution;
(h) Reviewing and reforming laws contributing to or allowing gross violations of international
human rights law and serious violations of international humanitarian law.
87
PRINCIPLE 2. THE INALIENABLE RIGHT TO THE TRUTH
Every people has the inalienable right to know the truth about past events concerning the
perpetration of heinous crimes and about the circumstances and reasons that led, through massive or
systematic violations, to the perpetration of those crimes. Full and effective exercise of the right to the truth
provides a vital safeguard against the recurrence of violations.
PRINCIPLE 3. THE DUTY TO PRESERVE MEMORY
A people's knowledge of the history of its oppression is part of its heritage and, as such, must be
ensured by appropriate measures in fulfillment of the State's duty to preserve archives and other evidence
concerning violations of human rights and humanitarian law and to facilitate knowledge of those violations.
Such measures shall be aimed at preserving the collective memory from extinction and, in particular, at
guarding against the development ofrevisionist and negationist arguments.
88
Adopted and opened for signature, ratification and accession by General Assembly resolution
2200A (XXI) of December 16, 1966, entry into force March 23, 1976, in accordance with Article 49 /
(http,//www. ohchc.ocg/en/prnfessionalintecesVpagos/ccpc."px, last accessed on Octobec 28, 20 16).
(/"
Decision
26
4.
5.
A.O. No. 370 dated December 10, 1997 (Creating the InterAgency Coordinating Committee on Human Rights)
E.O. No. 118 dated July 5, 1999 (Providing for the Creation of
a National Committee on the Culture ofPeace)
E.O. No. 134 dated July 31, 1999_ff)eclaring August 12, 1999
and Every 12th Day of August Thereafter as International
Humanitarian Law Day)
E.O. No. 404 dated January 24, 2005 (Creating the Government
of the Republic of the Philippines Monitoring Committee [GRPMC] on Human Rights and International Humanitarian Law)
A.O. No. 157 dated August 21, 2006 (Creating an Independent
Commission to Address Media and Activist Killings)
89
90
92
vA
Decision
6.
7.
8.
9.
10.
11.
12.
13.
27
2.
93
Q,iginated from A. 0. No. 10 I dated Decembe< 13, 198 8 and A. 0. No. 29 dated January 2 7, 2 /
Decision
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
28
t:''
Decision
29
official Philippine history. 95 Among others, it is tasked to: (a) conduct and
support all kinds of research relating to Philippine national and local history;
(b) develop educational materials in various media, implement historical
educational activities for the popularization of Philippine history, and
disseminate, information regarding Philippine historical events, dates, places
and personages; and (c) actively engage in the settlement or resolution of
controversies or issues relative to historical personages, places, dates and
events. 96 Under R.A. Nos. 10066 (National Cultural Heritage Act of 2009/7
and 10086 (Strengthening Peoples' Nationalism Through Philippine History
Act), 98 the declared State policy is to conserve, develop, promote, and
popularize the nation's historical and cultural heritage and resources. 99
Towards this end, means shall be provided to strengthen people's
nationalism, love of country, respect for its heroes and pride for the people's
accomplishments by reinforcing the importance of Philippine national and
local history in daily life with the end in view of raising social
consciousness. 100 Utmost priority shall be given not only with the research
on history but also its popularization. 101
II.
The President's decision to bury
Marcos at the LNMB is not done
whimsically,
capriciously
or
arbitrarily, out of malice, ill will or
personal bias
A. National Shrines
As one of the cultural properties of the Philippines, national historical
shrines (or historical shrines) refer to sites or structures hallowed and
revered for their history or association as declared by the NHCP. 102 The
95
96
97
98
99
JOO
JOI
102
Decision
30
10086. The Implementing Rules and Regulations of R.A. No. 10086 specifically defines National
Historical Shrine as "a site or structure hallowed and revered for its association to national heroes or
historical events declared by the Commission." (Art. 6[q.], Rule 5, Title I)
103
R.A. No. 597, as amended by R.A. Nos. 1569 and 1607.
104
E.O. No. 58 issued on August 16, 1954 (See Arula v. Brig. Gen. Espino, etc., et al.,138 Phil. 570,
589-591 [1969]).
105
R.A. No. 2733.
106
R.A. No. 4039.
107
Proclamation No. 207 dated May 27, 1967.
108
Proclamation No. 433 dated July 23, 1968.
9
to
R.A. No. 5648.
110
R.A. No. 5649.
111
R.A. No. 5695.
112
Proclamation No. 618 dated October 13, 1969, as amended by Proclamation No. 1272 dated June
4, 1974.
113
R.A. No. 6468.
114
Batas Pambansa Bilang 309 dated November 14, 1982.
115
Proclamation No. 1992 dated February 8, 20 I 0.
116
P.D. No. 105 dated January 24, 1973.
117
Entitled "Declaring National Shrines As Sacred (Hallowed) Places And Prohibiting Desecra~tion
Thereof" (Signed on January 24, 1973)
118
Sec.48(b).
Decision
31
As one of the cultural agencies attached to the NCAA, 119 the NHCP
manages, maintains and administers national shrines, monuments, historical
sites, edifices and landmarks of significant historico-cultural value. 120 In
particular, the NHCP Board has the power to approve the declaration of
historic structures and sites, such as national shrines, monuments, landmarks
and heritage houses and to determine the manner of their identification,
121
maintenance, restoration, conservation, preservation and protection.
Excluded, however, from the jurisdiction of the NHCP are the military
memorials and battle monuments declared as national shrines, which have
been under the administration, maintenance and development of the
Philippine Veterans Affairs Office (PVAO) of the DND. Among the military
122
Kiangan War
shrines are: Mt. Samat National Shrine in Pilar, Bataan;
123
Memorial Shrine in Linda, Kiangan, Ifugao;
Capas National Shrine in
124
Capas, Tarlac; Ricarte National Shrine in Malasin, Batac, Ilocos Norte; 125
126
Balantang Memorial Cemetery National Shrine in Jaro, Iloilo; Balete Pass
National Shrine in Sta. Fe, Nueva Vizcaya; 127 USAFIP, NL Military Shrine
and Park in Bessang Pass, Cervantes, Ilocos Sur; 128 and the LNMB in Taguig
. M etro M am1 a. 129
C ity,
10086.
122
123
124
125
126
127
128
129
{I"
Decision
32
7
c
130
131
Decision
33
On January 26, 1977, President Marcos issued P.D. No. 1076. Section
7, Article XV, Chapter I, Part XII of the IRP was repealed on the grounds
that "the administration, maintenance and development of national shrines
consisting of military memorials or battle monuments can be more
effectively accomplished if they are removed from the [DEC] and transferred
to the [DND] by reason of the latter s greater capabilities and resources"
and that "the functions of the [DND] are more closely related and relevant
to the charter or significance of said national shrines. " Henceforth, the
PVAO - through the Military Shrines Service (MSS), which was created to
perform the functions of the abolished NSC - would administer, maint3:in
and develop military memorials and battle monuments proclaimed as
national shrines.
On July 25, 1987, President Corazon C. Aquino issued the
Administrative Code. The Code retains PVAO under the supervision and
control of the Secretary of National Defense. 132 Among others, PVAO shall
administer, develop and maintain military shrines. 133 With the approval of
PVAO Rationalization Plan on June 29, 2010, pursuant to E.O. No. 366
dated October 4, 2004, MSS was renamed to Veterans Memorial and
Historical Division, under the supervision and control of PVAO, which is
presently tasked with the management and development of military shrines
and the perpetuation of the heroic deeds of our nation's veterans.
As a national military shrine, the main features, structures, and facilities
of the LNMB are as follows:
1. Tomb of the Unknown Soldiers - The main structure constructed at the center of
the cemetery where wreath laying ceremonies are held when Philippine
government officials and foreign dignitaries visit the LNMB. The following
inscription is found on the tomb: "Here lies a Filipino soldier whose name is
known only to God. " Behind the tomb are three marble pillars representing the
three main island groups of the Philippines - Luzon, Visayas and Mindanao.
Buried here were the remains of 39,000 Filipino soldiers who were originally
buried in Camp O'Donnell Concentration Camp and Fort Santiago, Intramuros,
Manila.
2. Heroes Memorial Gate - A structure shaped in the form of a large concrete
tripod with a stairway leading to an upper view deck and a metal sculpture at the
center. This is the first imposing structure one sees upon entering the grounds of
the cemetery complex.
3. Black Stone Walls - Erected on opposite sides of the main entrance road leading
to the Tomb of the Unknown Soldiers and just near the Heroes Memorial a r 7
132
133
{/
Decision
34
12-foot high black stone walls which bear the words, "!do not know the dignity of
his birth, but I do know the glory of his death. " that General Douglas MacArthur
made during his sentimental journey to the Philippines in 1961.
4. Defenders of Bataan and Corregidor Memorial Pylon - Inaugurated on April
5, 1977 by Secretary Renato S. De Villa in memory of the defenders of Bataan
and Corregidor during World War II. This monument is dedicated as an eternal
acknowledgment of their valor and sacrifice in defense of the Philippines.
5. Korean Memorial Pylon - A towering monument honoring the 112 Filipino
officers and men who, as members of the Philippine Expeditionary Forces to
Korea (PEFTOK), perished during the Korean War.
6. Vietnam Veterans Memorial Pylon - Dedicated to the members of the
Philippine contingents and Philippine civic action groups to Vietnam (PHILCONV and PHILCAG-V) who served as medical, dental, engineering construction,
community and psychological workers, and security complement. They offered
tremendous sacrifices as they alleviated human suffering in war-ravaged Vietnam
from 1964-1971. Inscribed on the memorial pylon are the words: "To build and
not to destroy, to bring the Vietnamese people happiness and not sorrow, to
develop goodwill and not hatred. "
7. Philippine World War II Guerillas Pylon - Erected by the Veterans Federation
of the Philippines as a testimony to the indomitable spirit and bravery of the
Filipino guerillas of World War II who refused to be cowed into submission and
carried on the fight for freedom against an enemy with vastly superior arms and
under almost insurmountable odds. Their hardship and sufferings, as well as their
defeats and victories, are enshrined in this memorial. 134
Contrary to the dissent, P.D. No. 105 135 does not apply to the LNMB.
Despite the fact that P.D. No. 208 predated P.D. No. 105, 136 the LNMB was
not expressly included in the national shrines enumerated in the latter. 137 The
proposition that the LNMB is implicitly covered in the catchall phrase "and
others which may be proclaimed in the future as National Shrines" is
erroneous because:
(1) As stated, Marcos issued P.D. No. 208 prior to P.D. No. 105.
134
See
Annex
to
the
Manifestation
of
the
AFP
Adjutant
General
and
http://server.pvao.mil.ph/PDF/shrines/libingan.pdf (last accessed on October 25, 2016).
135
P.D. No. 105 is an issuance of Marcos, acting as the AFP Commander-in-Chief and by virtue of his
powers under the Martial Law. It was not a law that was enacted by the Congress.
136
P.D. No. 208 was signed on May 28, 1967 while P.D. No. 105 was signed on January 24, 1973.
137
Among those named were the birthplace of Dr. Jose Rizal in Calamba, Laguna, Talisay, Dapitan
City, where the hero was exiled for four years, Fort Santiago, Manila, where he was imprisoned in 1896
prior to his execution; Talaga, Tanauan, Batangas where Apolinario Mabini was born, Pandacan, Manila,
where Mabini's house in which he died, is located; Aguinaldo Mansion in Kawit, Cavite, where General
Emilio Aguinaldo, first President of the Philippines, was born, and where Philippine Independence was
solemnly proclaimed on June 12, 1898; and Batan, Aklan, where the "Code of Kalantiyaw"
prnmulgoted In 1433.
vw.6
Decision
35
138
Under the principle of ejusdem generis, "where a general word or phrase follows an enumeration
of particular and specific words of the same class or where the latter follow the former, the general word or
phrase is to be construed to include, or to be restricted to persons, things or cases akin to, resembling, or of
the same kind or class as those specifically mentioned."
The purpose and rationale of the principle was explained by the Court in National Power
Corporation v. Angas as follows:
The purpose of the rule on ejusdem generis is to give effect to both the particular and general
words, by treating the particular words as indicating the class and the general words as including
all that is embraced in said class, although not specifically named by the particular words. This is
justified on the ground that if the lawmaking body intended the general terms to be used in their
unrestricted sense, it would have not made an enumeration of particular subjects but would have
used only general terms. [2 Sutherland, Statutory Construction, 3rd ed., pp. 395-400]. (See Pelizloy
Realty Corp. v. The Province of Benguet, 708 Phil. 466, 480-481 [2013], as cited in Alta Vista Go~
and Country Club v. City of Cebu, G.R. No. 180235, January 20, 2016)
{/-
Decision
36
139
See Cudia v. The Superintendent of the Philippine Military Academy (PMA), G.R. No. 211362,
February 24, 2015, 751 SCRA 469, 542.
140
Also includes the United States Soldiers' and Airmen's National Cemetery in the Distri(/cof
Columbia.
141
See 32 C.F.R. 553.3 and 10 U.S.C.A. 4721.
142
Id.
143
10 U.S.C.A. 4723.
Decision
37
36 C.F.R. 12.2.
Id.
146
Id.
147
See National Electrification Administration v. COA, 427 Phil. 464, 485 (2002).
148
On August 19, 1992, the Government of the Republic of the Philippines, represented by
Department of Interior and Local Government (DILG) Secretary Rafael M. Alunan Ill, and the family of
the late President Marcos, represented by his widow, Mrs. Imelda R. Marcos, agreed on the following
conditions and procedures by which the remains of the former President shall be brought back to and
interred in the Philippines:
145
part;cA,
The government shall provide appropriate military honors during the wake a~~
;ntmnent, the detail of whkh hall be arranged '"d finalized by and hetwoon the
Decision
38
Decision
39
veteran, 154 and a Medal of Valor awardee, 155 whether recognizing his
contributions or simply his status as such, satisfies the public use
requirement. The disbursement of public funds to cover the expenses
incidental to the burial is granted to compensate him for valuable public
services rendered. 156 Likewise, President Duterte's determination to have
Marcos' remains interred at the LNMB was inspired by his desire for
national healing and reconciliation. Presumption of regularity in the
performance of official duty prevails over petitioners' highly disputed factual
allegation that, in the guise of exercising a presidential prerogative, the Chief
Executive is actually motivated by utang na loob (debt of gratitude) and
bayad utang (payback) to the Marcoses. As the purpose is not self-evident,
petitioners have the burden of proof to establish the factual basis of their
claim. They failed. Even so, this Court cannot take cognizance of factual
issues since We are not a trier of facts.
C. AFP Regulations on the LNMB
A review of the regulations issued by the APP Chief of Staff as to who
may and may not be interred at the LNMB underscores the nature and
purpose of the LNMB as an active military cemetery/grave site.
On May 13, 194 7, the Chief of Staff of the Philippine Army, by the
direction of the President and by order of the Secretary of National Defense,
issued General Orders No. 111, which constituted and activated, as of said
date, the Graves Registration Platoon as a unit of the Philippine Army.
On Pebruary 2, 1960, the APP Chief of Staff, by order of the Secretary
of National Defense, issued APP Regulations G 161-371 (Administrative
and Special Staff Services, Grave Registration Service), which provided that
the following may be interred in the LNMB: (a) World War II dead of the
APP and recognized guerillas; (b) Current dead of the APP; (c) Retired
assistant G-2 of the 21 ' 1 (Lightning) Division of the USAFFE, where he attained the rank of First
Lieutenant. He was then promoted to the rank of Colonel under Special Orders No. 68 dated September 25,
1962. In Special Orders No. 264 dated June 11, 1963 and General Orders No. 265 dated May 19, 1964, he
remained listed as Colonel. (See Annex "13" of the Consolidated Comment filed by the OSG).
154
The PVAO recognized Marcos as a member of the retired army personnel. Based on a
Certification dated August 18, 2016 issued by PVAO's Records Management Division Chief, respondent
Imelda Romualdez Marcos is receiving P5,000.00 as Old Age Pension, being the surviving spouse of a
retired veteran under R.A. No. 6948, as amended. (See Annex "12" of the Consolidated Comment filed by
the OSG).
155
During his military career, Marcos was awarded a Medal of Valor through General Orders No. 167
dated October 16, 1968 "for extraordinary gallantry and intrepidity at the risk of life, above and beyond
the call of duty in a suicidal action against overwhelming enemy forces at the junction of Salian Riverynd
Abo-Abo River, Bataan, on or about 22 January 1942." (See Annex "14" of Consolidated Comment filed
by the OSG).
156
See Yap v. Commission on Audit, 633 Phil. 174, 188(2010).
Decision
40
Decision
41
/
1
Decision
42
43
Decision
Resident Marine Mammals of the Protected Seascape Tanon Strait v. Reyes, G.R. No. 180771 &
159
10 U.S.C.A. 4722.
32 C.F.R. 553.12
161
The following persons are not eligible for interment, inurnment, or memorialization in an Army
National Military Cemetery:
(a) A father, mother, brother, sister, or in-law solely on the basis of his or her relationship to a
primarily eligible person, even though the individual is:
(I) Dependent on the primarily eligible person for support; or
(2) A member of the primarily eligible person's household.
(b) A person whose last period of service was not characterized as an honorable discharge (e.g., a
separation or discharge under general but honorable conditions, other than honorable conditions, a bad
conduct discharge, a dishonorable discharge, or a dismissal), regardless of whether the person:
(I) Received any other veterans' benefits; or
160
Decision
44
provided that the last period of active duty of the service member or
veteran ended with an honorable discharge.
(a) Primarily eligible persons. The following are primarily eligible persons
for purposes of interment:
Any service member who dies on active duty in the U.S. Armed
(1)
Forces (except those service members serving on active duty for training
only), if the General Courts Martial Convening Authority grants a
(2) Was treated at a Department of Veterans Affairs hospital or died in such a hospital.
(c) A person who has volunteered for service with the U.S. Armed Forces, but has not yet entered
on active duty.
(d) A former spouse whose marriage to the primarily eligible person ended in divorce.
(e) A spouse who predeceases the primarily eligible person and is interred or inurned in a location
other than Arlington National Cemetery, and the primarily eligible person remarries.
(f) A divorced spouse of a primarily eligible person.
(g) Otherwise derivatively eligible persons, such as a spouse or minor child, if the primarily
eligible person was not or will not be interred or inumed at Arlington National Cemetery.
(h) A service member who dies while on active duty, ifthe first General Courts Martial Convening
Authority in the service member's chain of command determines that there is clear and convincing evidence
that the service member engaged in conduct that would have resulted in a separation or discharge not
characterized as an honorable discharge (e.g., a separation or discharge under general but honorable
conditions, other than honorable conditions, a bad conduct discharge, a dishonorable discharge, or a
dismissal) being imposed, but for the death of the service member.
(i) Animal remains. If animal remains are unintentionally commingled with human remains due to
a natural disaster, unforeseen accident, act of war or terrorism, violent explosion, or similar incident, and
such remains cannot be separated from the remains of an eligible person, then the remains may be interred
or inurned with the eligible person, but the identity of the animal remains shall not be inscribed or
identified on a niche, marker, headstone, or otherwise. (See 32 C.F.R. 553 .19)
162
(a) Prohibition. Notwithstanding 553.12-553.16, 553.18, and 553.22, pursuant to 10 U.S.C.
985 and 38 U.S.C. 2411, the interment, inurnment, or memorialization in an Army National Military
Cemetery of any of the following persons is prohibited:
(1) Any person identified in writing to the Executive Director by the Attorney General of the
United States, prior to his or her interment, inumment, or memorialization, as a person who has been
convicted of a Federal capital crime and whose conviction is final (other than a person whose sentence was
commuted by the President).
(2) Any person identified in writing to the Executive Director by an appropriate State official,
prior to his or her interment, inurnment, or memorialization, as a person who has been convicted of a State
capital crime and whose conviction is final (other than a person whose sentence was commuted by the
Governor of the State).
(3) Any person found under procedures specified in 553.21 to have committed a Federal or State
capital crime but who has not been convicted of such crime by reason of such person not being available
for trial due to death or flight to avoid prosecution. Notice from officials is not required for this prohibition
to apply.
(4) Any person identified in writing to the Executive Director by the Attorney General of the
United States or by an appropriate State official, prior to his or her interment, inurnment, or
memorialization, as a person who has been convicted of a Federal or State crime causing the person to be a
Tier III sex offender for purposes of the Sex Offender Registration and Notification Act, who for such
crime is sentenced to a minimum of life imprisonment and whose conviction is final (other than a person
whose sentence was commuted by the President or the Governor of a State, as the case may be).
(b) Notice. The Executive Director is designated as the Secretary of the Army's representative
authorized to receive from the appropriate Federal or State officials notification of conviction of capital
crimes referred to in this section.
(c) Confirmation of person's eligibility.
(1) If notice has not been received, but the Executive Director has reason to believe that the person
may have been convicted of a Federal capital crime or a State capital crime, the Executive Director shall
seek written confirmation from:
(i) The Attorney General of the United States, with respect to a suspected Federal capital crime; or
(ii) An appropriate State official, with respect to a suspected State capital crime.
(2) The Executive Director will defer the decision on whether to inter, inurn, or memorialize
deoodent untH a wdtten re'pon" ;, rece;ved. (See 32 C.F.R. 553.20).
{;/,
Decision
45
The medal of honor awarded posthumously to a deceased member of the armed forces who, as an
unidentified casualty of a particular war or other armed conflict, is interred in the Tomb of the Unknowns at
Arlington National Cemetery, Virginia, is awarded to the member as the representative of the members of
the armed forces who died in such war or other armed conflict and whose remains have not been identified,
and not to the individual personally. (10 U.S.C.A. 1134)
164
Includes the Secretary of State, Secretary of the Treasury, Secretary of Defense, Attorney General,
Secretary of the Interior, Secretary of Agriculture, Secretary of Commerce, Secretary of Labor, Secretary of
Health and Human Services, Secretary of Housing and Urban Development, Secretary of Transportation,
United States Trade Representative, Secretary of Energy, Secretary of Education, Secretary of Veterans
Affairs, Secretary of Homeland Security, Director of the Office of Management and Budget, Commissioner
of Social Security, Social Security Administration, Director of National Drug Control Policy, Chairman and
Board of Governors of the Federal Reserve System, and Director of National Intelligence.
165
Includes the Deputy Secretary of Defense, Deputy Secretary of State, Deputy Secretary of State
for Management and Resources, Administrator of Agency for International Development, Administrator of
the National Aeronautics and Space Administration, Deputy Secretary of Veterans Affairs, Deputy
Secretary of Homeland Security, Under Secretary of Homeland Security for Management, Deputy
Secretary of the Treasury, Deputy Secretary of Transportation, Chairman of Nuclear Regulatory
Commission, Chairman of Council of Economic Advisers, Director of the Office of Science and
Technology, Director of the Central Intelligence Agency, Secretary of the Air Force, Secretary of the Army,
Secretary of the Navy, Administrator of Federal Aviation Administration, Director of the National Science
Foundation, Deputy Attorney General, Deputy Secretary of Energy, Deputy Secretary of Agriculture,
Director of the Office of Personnel Management, Administrator of Federal Highway Administration,
Administrator of the Environmental Protection Agency, Under Secretary of Defense for Acquisition,
Technology, and Logistics, Deputy Secretary of Labor, Deputy Director of the Office of Management and
Budget, Independent Members of Thrift Depositor Protection Oversight Board, Deputy Secretary of Health
and Human Services, Deputy Secretary of the Interior, Deputy Secretary of Education, Deputy Secretary of
Housing and Urban Development, Deputy Director for Management of Office of Management and Budget,
Director of the Federal Housing Finance Agency, Deputy Commissioner of Social Security, Social Security
Administration, Administrator of the Community Development Financial Institutions Fund, Deputy
Director of National Drug Control Policy, Members and Board of Governors of the Federal Reserve
Sy'1om, Und" Soc,,truy of Tran,portation fo' Policy, Chiof Exooutivo Offic" of Millonnium Cha~
Decision
46
Corporation, Principal Deputy Director of National Intelligence, Director of the National Counterterroriysm
Center, Director of the National Counter Proliferation Center, Administrator of the Federal Emergency
Management Agency and Federal Transit Administrator.
Decision
47
The following persons are eligible for inurnment in the Arlington National Cemetery
Columbarium, unless otherwise prohibited as provided for in 553.19-553.20, provided that the last
period of active duty of the service member or veteran ended with an honorable discharge.
(a) Primarily eligible persons. The following are primarily eligible persons for purposes of
inurnment:
(I) Any person eligible for interment in Arlington National Cemetery, as provided for in ..
553.12(a).
(2) Any veteran who served on active duty other than active duty for training.
(3) Any member of a Reserve component of the Armed Forces who dies while:
(i) On active duty for training or performing full-time duty under title 32, United States Code;
(ii) Performing authorized travel to or from such active duty for training or full-time duty;
(iii) On authorized inactive-duty training, including training performed as a member of the Army
National Guard of the United States or the Air National Guard of the United States; or
(iv) Hospitalized or receiving treatment at the expense of the Government for an injury or disease
incurred or contracted while on such active duty for training or full-time duty, traveling to or from such
active duty for training or full-time duty, or on inactive-duty training.
( 4) Any member of the Reserve Officers' Training Corps of the United States, Army, Navy, or Air
Force, whose death occurs while:
(i) Attending an authorized training camp or cruise;
(ii) Performing authorized travel to or from that camp or cruise; or
(iii) Hospitalized or receiving treatment at the expense of the Government for injury or disease
incurred or contracted while attending such camp or cruise or while traveling to or from such camp or
cruise.
(5) Any citizen of the United States who, during any war in which the United States has been or
may hereafter be engaged, served in the armed forces of any government allied with the United States
during that war, whose last service ended honorably by death or otherwise, and who was a citizen of the
United States at the time of entry into that service and at the time of death.
(6) Commissioned officers, United States Coast and Geodetic Survey (now National Oceanic and
Atmospheric Administration) who die during or subsequent to the service specified in the following
categories and whose last service terminated honorably:
(i) Assignment to areas of immediate military hazard.
(ii) Served in the Philippine Islands on December 7, 1941.
(iii) Transferred to the Department of the Army or the Department of the Navy under certain
statutes.
(7) Any commissioned officer of the United States Public Health Service who served on full-time
duty on or after July 29, 1945, if the service falls within the meaning of active duty for training as defined
in 38 U.S.C. 101(22) or inactive duty training as defined in 38 U.S.C. 101(23) and whose death resulted
from a disease or injury incurred or aggravated in line of duty. Also, any commissioned officer of the
Regular or Reserve Corps of the Public Health Service who performed active service prior to July 29, 1945
in time of war; on detail for duty with the Armed Forces; or while the service was part of the military forces
of the United States pursuant to Executive order of the President.
(8) Any Active Duty Designee as defined in this part.
(b) Derivatively eligible persons. Those connected to an individual described in paragraph (a) of
this section through a relationship described in 553.12(b). Such individuals may be inurned if space is
available in the primarily eligible person's niche. (32 C.F.R. 553.13).
167
(a) The cremated remains of any person eligible for interment in Arlington National Cemetery as
described in 553.12 may be interred in the designated Arlington National Cemetery Unmarked Area.
(b) Cremated remains must be interred in a biodegradable container or placed directly into the
ground without a container. Cremated remains are not authorized to be scattered at this site or at any
location within Arlington National Cemetery.
(c) There will be no headstone or marker for any person choosing this method of interment. A
permanent register will be maintained by the Executive Director.
(d) Consistent with the one-gravesite-per-family policy, once a person is interred in the Unmarked
Area, any derivatively eligible persons and spouses must be interred in this manner. This includes spouses
who are also primarily eligible persons. No additional gravesite, niche, or memorial marker in a memorial
area will be authorized. (32 C.F.R. 553.14).
'"
(a) Tho Exocutivo Dkocto< may authm;zo a grnup bu,;a1 ;n Mhngton National C o m ?
Decision
48
described it, to argue that the word "bayani" in the LNMB has become a
misnomer since while a symbolism of heroism may attach to the LNMB as a
national shrine for military memorial, the same does not automatically attach
to its feature as a military cemetery and to those who were already laid or
will be laid therein. As stated, the purpose of the LNMB, both from the legal
and historical perspectives, has neither been to confer to the people buried
there the title of "hero" nor to require that only those interred therein should
be treated as a "hero." In fact, the privilege of internment at the LNMB has
been loosen up through the years. Since 1986, the list of eligible includes not
only those who rendered active military service or military-related activities
but also non-military personnel who were recognized for their significant
contributions to the Philippine society (such as government dignitaries,
statesmen, national artists, and other deceased persons whose interment or
reinterment has been approved by the Commander-in-Chief, Congress or
Secretary of National Defense). In 1998, the widows of former Presidents,
Secretaries of National Defense and Chief of Staff were added to the list.
Whether or not the extension of burial privilege to civilians is unwarranted
and should be restricted in order to be consistent with the original purpose of
the LNMB is immaterial and irrelevant to the issue at bar since it is
indubitable that Marcos had rendered significant active military service and
military-related activities.
whenever several people, at least one of whom is an active duty service member, die during a militaryrelated activity and not all remains can be individually identified.
(b) Before authorizing a group burial that includes both United States and foreign decedents, the
Executive Director will notify the Department of State and request that the Department of State notify~he
afgpropriate foreign embassy. (32 C.F.R. 553.15).
1 9
32 C.F.R. 553.22(a).
110
Id.
Decision
49
Petitioners did not dispute that Marcos was a former President and
Commander-in-Chief, a legislator, a Secretary of National Defense, a
military personnel, a veteran, and a Medal of Valor awardee. For his alleged
human rights abuses and corrupt practices, we may disregard Marcos as a
President and Commander-in-Chief, but we cannot deny him the right to be
acknowledged based on the other positions he held or the awards he
received. In this sense, We agree with the proposition that Marcos should be
viewed and judged in his totality as a person. While he was not all good, he
was not pure evil either. Certainly, just a human who erred like us.
Our laws give high regard to Marcos as a Medal of Valor awardee and
a veteran. R.A. No. 9049 171 declares the policy of the State "to consistently
honor its military heroes in order to strengthen the patriotic spirit and
nationalist consciousness of the military. " 172
For the "supreme selfsacrifice and distinctive acts of heroism and gallantry, " 173 a Medal of Valor
awardee or his/her dependents/heirs/beneficiaries are entitled to the
following social services and financial rewards:
1. Tax-exempt lifetime monthly gratuity of Twenty Thousand Pesos
(P20,000.00), which is separate and distinct from any salary or
pension that the awardee currently receives or will receive from the
.
174
government o f t h e Ph111ppmes;
Approved on March 22, 2001 and published in national newspapers of general circulation on April
9, 2001 as well as in the Official Gazette on July 9, 2001. It repealed P.O. No. 1687 dated March 24, 1980.
172
Sec. I of R.A. No. 9049.
113
Id.
174
In the event of the awardee's death, the gratuity shall accrue in equal shares and with the r i of
g?t
accretion to the surviving spouse until she remarries and to the children, legitimate, or adopted or
illegitimate, until they reach the age of eighteen (18) or until they marry, whichever comes earlier.
Decision
50
175
Decision
51
52
Decision
Decision
53
ti
Decision
54
The requirements for a valid and reasonable classification are: (I) it must rest on substantial
distinctions; (2) it must be germane to the purpose of the law; (3) it must not be limited to existing
conditions only; and (4) it must apply equally to all members of the same class. (Ferrer. Jr. v. Bautista, G.R.
No. 210551, June 30, 2015, 760 SCRA 652, 709-710).
182
Commonwealth Act No. 408 dated September 14, 1938, as amended.
183
ARTICLE 94. Various Crimes. - Any person subjected to military law who commits any crime,
breach of law or violation of municipal ordinance, which is recognized as an offense of a penal nature and
is punishable under the penal laws of the Philippines or under municipal ordinances, on a Philippine Army
reservation, shall be punished as a court-martial may direct; Provided, That in time of peace, officers and
enlisted men of the Philippine Constabulary shall not be triable by courts-martial for any felony, crime,
breach of law or violation of municipal ordinances committed under this Article.
ARTICLE 95. Frauds Against the Government Affecting Matters and Equipments. - Any person
subject to military law who, having charge, possession, custody, or control of any money or other property
of the Commonwealth of the Philippines, furnished or intended for the military service thereof, knowingly
delivers, or causes to be delivered, to any person having authority to receive the same, any amount thereof
less than that for which he receives a certificate or receipt; or
Who, being authorized to make or deliver any paper certifying the receipt of any property of the
Commonwealth of the Philippines furnished or intended for the military service thereof, makes or delivers
to any person such writing, without having full knowledge of the truth of the statements therein contained
and with intent to defraud the Philippines; or
Who steals, embezzles, knowingly and willfully misappropriates, applies to his own use or benefit,
or wrongfully or knowingly sells or disposes of any ordnance, arms, equipments, ammunition, clothing,
subsistence stores, money, or other property of the Commonwealth of the Philippines furnished or intended
for the military service thereof; or
Who knowingly purchases or receives in pledge for any obligation or indebtedness from any
soldier, officer, or other person who is a part of or employed in said forces or service, any ordnance, arms,
equipment, ammunition, clothing subsistence stores, or other property of the Commonwealth of the
Philippines, such soldier, officer, or other person not having lawful right to sell or pledge the same;
Shall, on conviction thereof, be punished by fine or imprisonment, or by such other punishment as
a court-martial may adjudge, or by any or all of said penalties. And if any person, being guilty of any of the
offenses aforesaid while in the military service of the Philippines, received his discharge or is dismissed
from the service, he shall continue to be liable to be arrested and held for trial and sentence by a courtmartial in the same manner and to the same extent as if he had not received such discharge nor b :~~ ~
di<mi"ed. And ;f any offim, be;ng guilty, while in the mmtary mvke of the PhHipp;ne< of embmlemc
Decision
55
is incomplete with respect to his entire military career as it failed to cite and
include the official records of the AFP.
With respect to the phrase "[p]ersonnel who were dishonorably
separated/reverted/discharged from the service, " the same should be viewed
in light of the definition provided by AFP Regulations G 161-375 to the term
"active service" which is "[s}ervice rendered by a military person as a
Commissioned Officer, enlisted man/woman, probationary officer, trainee or
draftee in the Armed Forces of the Philippines and service rendered by
him/her as a civilian official or employee in the Philippine Government
prior to the date of his/her separation or retirement from the Armed Forces
of the Philippines, for which military and/or civilian service he/she shall
have received pay from the Philippine Government, and/or such others as
may be hereafter be prescribed by law as active service (PD 1638, as
amended). " 185 To my mind, the word "service" should be construed as that
rendered by a military person in the AFP, including civil service, from the
time of his/her commission, enlistment, probation, training or drafting, up to
the date of his/her separation or retirement from the AFP. Civil service after
honorable separation and retirement from the AFP is outside the context of
"service" under AFP Regulations G 161-375.
Hence, it cannot be conveniently claimed that Marcos' ouster from the
presidency during the EDSA Revolution is tantamount to his dishonorable
separation, reversion or discharge from the military service. The fact that the
President is the Commander-in-Chief of the AFP under the 1987
of ration savings, post exchange, company, or other like funds, or of embezzlement of money or other
property entrusted to his charge by an enlisted man or men, receives his discharge, or is dismissed, or is
dropped from the rolls, he shall continue to be liable to be arrested and held for trial and sentence by a
court-martial in the same manner and to the same extent as if he had not been so discharged, dismissed, or
dropped from the rolls.
ARTICLE 97. General Article. - Though not mentioned in these articles, all disorders and neglects
to the prejudice of good order and military discipline and all conduct of a nature to bring discredit upon the
military service shall be taken cognizance of by a general or special or summary court-martial according to
the nature and degree of the offense, and punished at the discretion of such court. (Commonwealth Act No.
408 dated September 14, 1938, as amended by P.D. 1166 dated June 24, 1977)
Article 94 is under the jurisdiction of civil courts while Articles 95 to 97, as service-connected
crimes or offenses, are under the jurisdiction of the court-martial (See R.A. No. 7055, Approved on June
20, 1991)
184
On July 12, 2016, the NHCP published its study, entitled "Why Ferdinand E. Marcos Should Not
Be Buried At The Libingan Ng Mga Bayani," concluding that Marcos' military record is fraught with
myths, factual inconsistencies, and lies. The NHCP study demonstrated that: ( 1) Marcos lied about
receiving U.S. Medals (Distinguished Service Cross, Silver Star, and Order of Purple Heart); (2) his
guerilla unit, the Ang Mga Maharlika, was never officially recognized and neither was his leadership of it;
(3) U.S. officials did not recognize Marcos' rank promotion from Major in 1944 to Lt. Col. by 1947; and
(4) some of Marcos' actions as a soldier were officially called into question by the upper echelons of the
U.S. Military, such as his command of the Alias Intelligence Unit (described as "usurpation"), his
commissioning of officers (without authority), his abandonment of USAFIP-NL presumably to build c < n
airfield for Gen. Roxas, his collection of money for the airfield (described as "illegal"), and his listing of
his name on the roster of different units (called a "malicious criminal act").
185
Emphasis supplied.
Decision
56
by the people through the so-called EDSA Revolution. Said political act of
the people should not be automatically given a particular legal meaning
other than its obvious consequence - that of ousting him as president. To do
otherwise would lead the Court to the treacherous and perilous path of
having to make choices from multifarious inferences or theories arising from
the various acts of the people. It is not the function of the Court, for instance,
to divine the exact implications or significance of the number of votes
obtained in elections, or the message from the number of participants in
public assemblies. If the Court is not to fall into the pitfalls of getting
embroiled in political and oftentimes emotional, if not acrimonious, debates,
it must remain steadfast in abiding by its recognized guiding stars - clear
constitutional and legal rules - not by the uncertain, ambiguous and
confusing messages from the actions of the people.
Conclusion
Decision
57
There are certain things that are better left for history - not this Court
- to adjudge. The Court could only do so much in accordance with the
clearly established rules and principles. Beyond that, it is ultimately for the
people themselves, as the sovereign, to decide, a task that may require the
better perspective that the passage of time provides. In the meantime, the
country must mo"e on and let this issue rest.
WE CONCUR:
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ANTONIO T. CA
Associate Justice
PRES
II
Associate Justice
SeP"'&.U Cl7tt'Mrn41upj
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Associate Justice
58
Decision
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ssociate Justice, I
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BIENVENIDO L. REYES
AssoCiate Justice iaise.f;
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CERTIFICATION
Pursuant to Section 13, Article VIII of the Constitution, I certify that
the conclusions in the above Decision had been reached in consultation
before the case was assigned to the writer of the opinion of the Court.